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Press Releases

U.S. Department of Labor
Wage and Hour Division
Release Number: 09-495-NEW / BOS 2009-132


Monday, May 11, 2009


John M. Chavez



U.S. Department of Labor sues Troy, N.Y., employer to recover minimum wage and overtime back wages for employees

ALBANY, N.Y. -- The U.S. Department of Labor has sued Xero-Fax Inc. of Troy, N.Y., and company owner Herbert Headwell for alleged violations of the minimum wage and overtime pay provisions of the federal Fair Labor Standards Act (FLSA).

An investigation by the department’s Wage and Hour Division found that approximately 35 employees of the company, which provides truck document services, were often not even paid the required federal minimum wage. Further, the investigation found that these workers were required to work more than 40 hours during many workweeks without being compensated properly for the overtime hours worked.

The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 as well as time and one-half their regular rates of pay for work beyond 40 hours per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained, and prohibits retaliation against employees who exercise their rights under the law.

“When employees, especially vulnerable workers such as we found in this case, are deprived of their rightful wages, employers should know that the Labor Department will not hesitate to take legal action to recover those back wages if necessary,” said Christopher Martin, director of the Wage and Hour Division’s district office in Albany.

The Labor Department’s lawsuit, filed with the U.S. District Court for the Northern District of New York, charges the defendants with willful and repeated violations of the minimum wage and overtime provisions of the FLSA since at least Sept. 22, 2008. The suit asks the court to permanently prohibit the defendants from future violations of the law and to order them to pay employees minimum wages and overtime back wages due, along with an equal amount in liquidated damages or prejudgment interest.

The Albany District Office of the Wage and Hour Division conducted this investigation, and the department’s suit was filed by its Regional Solicitor’s Office in New York City. For more information about the provisions of the FLSA, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) or contact the division’s Albany office at (518) 431-4278. Information is also available on the Internet at

Solis v. Xero-Fax Inc. and Herbert Headwell
Civil Action Number: 1:09-CV-00519-LEK-RFT


U.S. Department of Labor releases are accessible on the Internet at The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit